THIS IS A LEGALLY BINDING RELEASE, WAIVER AND INDEMNIFICATION OF LIABILITY, AND EXPRESS ASSUMPTION OF RISK (“Waiver”). 1. I hereby affirm that I have read this document in its entirety. By my signature below I agree to each and every term and condition of this document. 2. I am aware and have thoroughly informed myself of the inherent risks and hazards of natural outdoor areas, trees, cliffs, hiking, climbing, rappelling, mountain biking, caving, camping, rock scrambling, hunting, shooting, logging, archery, power tool and saw operation, tree and trail maintenance, vehicle riding, and any and all other outdoor recreational and/or other activities that could be undertaken, whether permitted or not, at the property known as ALICE ROCKS NP. ALICE ROCKS NP refers to 235 +/- acres of land owned by ALICE ROCKS, LLC, located adjacent to 129 Old Campus Road in Menifee County, Frenchburg, Kentucky. I UNDERSTAND THAT THERE ARE DANGERS AND RISKS INHERENT IN NATURAL OUTDOOR SPACES AND RECREATIONAL ACTIVITIES, INCLUDING RISKS OF SERIOUS PERSONAL INJURIES, PARALYSIS, AND DEATH. I understand that the risks and hazards of all natural outdoor areas and outdoor recreational activities include, but are not limited to: being hit or crushed by falling rocks, equipment, trees, climbers or other debris; head injuries; sprained or broken bones; poisonous snakes, plants and/or animals; dehydration; hypothermia; injury due to the negligence of myself and/or others; failure of fixed bolts, pitons, anchors, ropes, steps, or other climbing equipment; falling onto improperly placed and or faulty protection; improperly tied knots or buckled harnesses; and improper rope, belay, or rope ascending (“jumar”), or rope descending techniques. I understand that the aforementioned hazards and risks are described by way of example only, and that there are numerous other hazards and risks inherent in all outdoor recreational activities. I also understand that any of the injuries described above are not limited to the activity of rock climbing or rappelling, but may also occur walking or hiking on any of the trails; driving or walking on any of the roads; and/or simply being present upon or making any use of the property at ALICE ROCKS NP. 3. I understand that the risks on the property may be especially dangerous for all children, or any adults who have any mental or physical incapacity to assess risks and protect themselves. Such individuals may not be able to understand risk or danger. I acknowledge that it is not the responsibility of the property owner to decide if such individuals are able to assess such known or unknown risks, to decide on whether or not they want to accept those risks and enter the property, and to protect themselves if they do so. This responsibility lies solely with caretakers or other associated persons that assist such individuals in accessing the property. If any such individuals are given access or brought on to the property by the signer of this waiver, the signer acknowledge s that they are totally responsible for said persons’ safety. It is also the responsibility of the signer to be sure such individuals follow all the rules of the property. This is all regardless of the fact that any such individuals may choose or be prompted to sign a waiver for themselves. 4. I understand that the roads and hiking trails, the trees and other vegetation, and the bolts, fixed ropes, and all climbing protection ARE NOT MAINTAINED. I understand that there are hidden and/or obvious, natural and/or unnatural, DANGEROUS conditions at ALICE ROCKS NP, and I understand and agree that the property owner has NO DUTY TO INFORM ME OF THESE CONDITIONS. 5. IN CONSIDERATION FOR MY ENTERING ALICE ROCKS NP, I, on behalf of myself, my family, heirs, successors, assigns, and anyone claiming any interest through me, or on my behalf, hereby KNOWINGLY, INTENTIONALLY, AND VOLUNTARILY WAIVE, RELEASE, INDEMNIFY, AND AGREE TO HOLD HARMLESS Alice Rocks LLC and the corporate and property ownvers and any agents, assigns, or all persons or entities with any interest, vested or unvested, in ALICE ROCKS NP, ANDall persons who have established routes, trails, fixed gear of any sort, or placed other infrastructure, and other users (collectively referred to as the “Released Parties”), FROM ANY AND ALL ACTIONS, SUITS, CLAIMS, DAMAGES, AND LIABILITY (INCLUDING ATTORNEY FEES AND COSTS), THAT I, my family, heirs, successors, assigns, and anyone claiming any interest through me, MAY HAVE FOR ANY DAMAGE, INJURY, PARALYSIS, LOSS, OR DEATH TO MYSELF OR ANY OTHER PERSON OR PROPERTY ARISING OUT OF MY ENTRANCE ONTO ALICE ROCKS NP, whether such damage, injury, paralysis, loss, or death results from NEGLIGENCE of any of the Released Parties or from some other cause. 6. I understand that none of the Released Parties may be held liable or responsible in any way to me or my family, heirs, successors, assigns, or anyone claiming any interest through me, for any injury, death, or other damages that may occur as a result of my entrance onto or use of ALICE ROCKS NP or as a result of the negligence of any participant or party, including the Released Parties, whether passive or active. I understand and explicitly agree that neither my family, heirs, successors, assigns, or anyone claiming an interest through me, will bring any legal action or claim whatsoever against any of the Released Parties as a result of such damage, injury, paralysis, loss, or death to myself or any other person or property that arises out of my entrance onto or use or ALICE ROCKS NP. 7. I hereby personally assume all risks, whether foreseen or unforeseen, in connection with my entrance onto or use of ALICE ROCKS NP, for any harm, injury, including paralysis or death, that my befall me or my property while I am on ALICE ROCKS NP, including the risk of negligence of any party or participant, including the Released Parties. 8. I hereby agree to INDEMNIFY the Released Parties for any and all damages and costs they incur, including attorney fees and costs, from any claims, suits, or actions brought or threatened against any of the Released Parties by anyone claiming to have been injured as a result of any injury, including death, to me or my property arising out of my entrance onto or use of ALICE ROCKS NP. 9. By signing this document, it is my intent to release, waive, and indemnify all of the Released Parties from liability connected with my entrance onto and use of ALICE ROCKS NP (including but not limited to the negligence of the Released Parties, whether passive or active), and to personally assume all risk of injury or death. 10. I understand that the terms herein are contractual and not a mere recital and that I have signed this document voluntarily and of my own free act. If any part of this waiver is held unenforceable, such part shall be stricken and the remainder of this waiver shall continue to be in full force and effect. 11. I further state that I am of lawful age and legally competent to sign this liability release, or that I have acquired the written consent (below) of my parent or legal guardian. 12. I have read and understand this liability release and express assumption of risk and sign this document on behalf of myself and my heirs. 13. I acknowledge that I have read and understand the rules and warnings of the ALICE ROCKS NP which I have accessed on the internet at https://www.alicerocksnaturepreserve.org. I have read and understand the text on the home page and the pages titled Rental House, Rules, Warnings, and obtain permit. I have attained permission from a specific response to my request from ALICE ROCKS NP.
Date: April 10, 2025 |
